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DE SB265

Bill

Status

Passed

7/12/2010

Primary Sponsor

William Carson

Click for details

Origin

Senate

145th General Assembly

AI Summary

  • Amends Delaware Code to protect agricultural operations from nuisance lawsuits by replacing reference to "state or federal law" with only "federal law," limiting state and local ordinance restrictions.

  • Adds definition of "agricultural operation" referencing Title 10 Delaware Code §8141(a) to clarify which activities receive protection.

  • Expands definition of agricultural operation to include agricultural-related infrastructure such as grain elevators, bins, feed mills, silos, and agricultural product processors.

  • Includes transportation of agricultural products to or from markets, storage areas, and agricultural-related infrastructure as protected agricultural operations.

  • Modifies nuisance protections to apply against both local government and state agency ordinances and regulations unless operations result from negligence, improper operation, or violate federal law.

Legislative Description

An Act To Amend The Delaware Code Relating To The Right To Farm And Public And Private Nuisance Actions.

Last Action

Signed by Governor

7/12/2010

Committee Referrals

Agriculture6/23/2010
Agriculture5/11/2010

Full Bill Text

No bill text available